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2026 DAILYLAW 5425 (AP)

Vadlamudi Naresh v. The State of Andhra Pradesh

WP/18131/2026 · 2026-07-08

Harinath N

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 09.07.2026 Date of uploading : APHC010338152026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 9th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18131/2026 Between: 1. VADLAMUDI NARESH, S/O. VENKAIAH AGED ABOUT 36 YEARS, OCC SELF EMPLOYEE , R/O VENKATACHALAM VILLAGE AND MANDAL, NELLORE, SPSR NELLORE DISTRICT.-524320 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, M.A AND U.D,SECRETARIAT BUILDING, AMARAVATI, GUNTUR DISTRICT.-522238 2. THE NELLORE MUNICIPAL CORPORATION, REP., BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT.-524001A 3. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT , NELLORE, SPSR NELLORE DISTRICT.-524001 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in interfering with the petitioner's peaceful possession and enjoyment of Plot No.79-A situated in Nellore Bit No.l, Sy.No.l974, admeasuring 28 Ankanams, and in demolishing/pulling down the compound wall without notice and without 2 authority of law, as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the respondents not to interfere with the petitioner's possession and enjoyment of the said property except by following due process of law, and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of Plot No.79-A situated in Nellore Bit No.l, Sy.No.l974, admeasuring 28 Ankanams, and not to form or permit any pathway through the petitioner's property except by following due process of law, and pass Counsel for the Petitioner: 1. B SESIBUSHAN RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner is the owner and possessor of Plot No.79-A situated in Nellore Bit No.1, Sy.No.1974, admeasuring 28 ankanams. 2. It is submitted that the respondent authorities, without issuing any notice, have been holding out threats of demolishing the compound wall. It is submitted that the petitioner's vendor has title from the year 1944 onwards and that the petitioner has lawfully purchased the said property. In this regard, the petitioner submitted a representation dated 11.05.2026 to the 2nd respondent calling upon them not to interfere with the petitioner's possession. It is submitted that, unmindful of the petitioner's representation, a portion of the compound wall was demolished by the 2nd respondent. It is submitted that the petitioner is not coming in the way of any developmental activity of the respondents. However, the respondents would have to follow the due process of law in the event they intend to acquire any portion of the petitioner's property. 3. The learned Standing Counsel appearing for the 2nd respondent submits that this matter was listed on 07.07.2026 and this Court directed the learned Standing Counsel to obtain written instructions. It is submitted that no instructions have been received. However, it is stated that due process of law shall be followed in the event any portion of the petitioner's property is required to be acquired. 4 4. Considering the submissions, this writ petition stands disposed of directing the respondents not to interfere with the possession or enjoyment of the petitioner's property without following the due process of law. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 09.07.2026 PNS Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑